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Stockholm, Sweden (SE)

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10-28-2015 (Newsletter Issue 16/15)
Design E-Filing and E-Services Now Possible
The Swedish Patent and Registration Office (PRV) has implemented Design e-filing and e-services, two components of the Software Package project developed by the Cooperation Fund.

These two integrations complete an entirely new front office system for PRV, offering a full electronic filing experience for PRV users.

Source: www.tmdn.org


05-02-2013 (Newsletter Issue 6/13)
New Feature in Trademark Renewal
The Swedish Patent and Registration office (PRV) has announced that it is now possible to pay for the online trademark renewal application through a deposit account.

Trademark owners can search for their trademark in the Swedish Trademark Renewal Service and find out when their trademark renewal is due. When using the online renewal service the fees are paid electronically.

Source: www.prv.se


01-18-2013 (Newsletter Issue 1/13)
New Formalities Practice
The Swedish Patent and Registration office (PRV) has started to apply a new practice concerning the examination of formalities in matters related to trademark- and industrial design cases as of October 1, 2012. In most cases signatures in original hand-writing will no longer be required. Furthermore, authorization of signatures will only be examined in doubt of their veracity. PRV will normally accept replies to office actions filed by electronic means and should be sent to kundtjanst@prv.se.

There will be a change in the demand of original signature concerning trademark- and design cases. Certified copies will be accepted but there is no demand for seals, stamps or certification by a Notary Public. A confirmation in hand writing is sufficient, together with the name in printed or block letters. Furthermore fax and e-mail of scanned documents containing a signature in original will normally be treated as certified copies.

The new practice pertains to applications, withdrawals, letters of consent, legal documents/deeds filed in support of applications for the recordal of transfers, licenses, pledges. Appeals will also be accepted for the purpose of a filing date, however, a signature in original hand-writing will be subsequently be required by PBR (the Count of Patent Appeals) before final trial of the appeal.
The requirement for submission of a document in original will remain concerning powers of attorney.

For further information, please click here

Source: www.prv.se


01-18-2013 (Newsletter Issue 1/13)
Official Fees Increased
The Swedish Patent and Registration office (PRV) has increased the official fees for trademark filings from December 1, 2012.

The official fee for registering a trademark is now SEK 2,300.00 (approx. EUR 267.-) in paper form or SEK 1,800.00 (approx. EUR 209.00) for e-filing in one class.
The official fee for each additional class is now SEK 900.00 (approx. EUR 104.00) for E-filing. The fee for each additional class stays the same in paper form with SEK 900.00.

Source: www.prv.se


12-01-2011 (Newsletter Issue 14/11)
Most Creative Country in the World
The study by the Martin Prosperity Institute informs that Sweden is number one in the Top 25 overall Global Creativity Index rankings. The study shows that Sweden has immense talent, top-five technological progress and the tolerance to embrace them both. Each country is given a Global Creativity Index, GCI, which is based on Technology Rank, Talent Rank and Tolerance Rank. The study found that there is a great correlation between creativity and economic growth.

The Top 15 List includes;
1. Sweden, 2. USA, 3. Finland, 4. Denmark, 5. Australia, 6. New Zealand, 7. Canada, 8. Norway, 9. Singapore, 10. Netherlands, 11. Belgium, 12. Ireland, 13. United Kingdom, 14. Switzerland, 15. France

To access the study, please click here

Source: GROTH & CO KB, Sweden


12-01-2011 (Newsletter Issue 14/11)
Trademark Application Modernised
The Swedish Trademark Office introduced an updated version of the online service Swedish Trademark Application on December 01, 2011.

Following improvements have been done:
- Possibility to sign the application with e-ID.
- Extended payment options through direct payment in the bank. Large business customers receive the possibility to pay via PRV Deposit Account.
- Introduction of a "shopping cart", to pay for multiple applications simultaneously and the possibility to reuse the same classification and data from a recently completed application.
- Use of the database EuroClass for the classification of goods and services, which was developed in cooperation with the Office for Harmonization in the Internal Market (OHIM). Among other things, this means that the number of searchable goods and services has increased from about 9 000 to about 77 000.

Source: www.prv.se


10-01-2011 (Newsletter Issue 11/11)
New Trademark Law
On July 2011, a new trade Mark Act came into force. It replaces the old Trademark Act and the Collective Marks Act after more than 50 years. The new law brings Swedish trademark regulation in line with the Singapore Treaty on the Law of Trademarks. The Swedish Patent and Trademark Office (PRV) has now published the most important amendments:

- If your application is dismissed, the new act introduces the possibility of having your application reinstated for processing.

- Formerly, the PRV rejected the entire application even if the hindrance to registration only existed for some of the goods or services you have applied for. Following the new Law, the PRV will reject an application only to the extent that there is a hindrance.

- If someone else submits an application for registration of a trademark that you consider to be yours, you can request the transfer of the application to you. In this case, you need to show that you have better rights to the respective mark.

- The new act contains provisions for administrative revocation. It means that instead of applying for a summons in the district cour, you can request that PRV revokes a registration.

- The opposition period changed to three months of the public notification date.

- A surname will constitute a hindrance to registration in far fewer cases than before. Therefore, anyone who has a distinctive surname must themselves monitor and make sure that no one else registers the name as a trademark to a greater extent than today. Even with regards to artist names, there can be reason for the name owner to monitor his rights to a greater extent.

- The renewal of the registration can even be made by someone other than the owner.

- The owner of a trademark registration, who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden. A Notice is regarded to have been served if it has been sent to the address for service stated in the trademark registration.

- A final decision by PRV can be appealed against to the Court of Patent Appeals within two months of the decision date. Even others than the applicant can appeal, if the decision goes against the complainant.

- Confidentiality in trademark cases can be requested by a trademark opponent or owner, if the information is related to business or operating conditions. Information about the party requesting confidentiality cannot be kept secret. Information which is relevant to the assessment of a trademark validity or scope of protection cannot be kept secret either.

For more information on the new trademark law please click here


07-01-2011 (Newsletter Issue 9/11)
Opposition Period Changed
The Swedish Patent and Trademark Office (PRV) has changed the opposition period from 2 months to 3 months effective from July 1st, 2011.
It affects the opposition period for national trademarks as well for international registrations designating Sweden (or subsequent extensions to Sweden).

Source: GROTH & CO KB, Sweden


05-05-2011 (Newsletter Issue 7/11)
New Trademark Act Soon
The Swedish Patent and Registration Office (PRV) announced that a new Trademark Act enters into force on July 1st, 2011. The Act introduces new provisions for family names, artist names and titles. Furthermore, the special protection for distinctive titles is struck.

Applicants can request a suspension of examination of their application containing a family name, artist name or title. In such case, the PRV will not examine the case until the new trademark law comes into force. This is to facilitate the processing of trademark applications which contain a family name, artist name or title. To request a suspension, the PRV needs to be contacted.


Source: www.prv.se

02-01-2011 (Newsletter Issue 2/11)
Online Service for TM Renewals
The Swedish Patent and Registration Office (PRV) has created an online service for trademarks renewals.
It is now possible to renew a registered trademark online. You can also use the service to get advice on when it is possible to apply for renewal.
For other changes of information (address, owners, representative, etc.) concerning a trademark registration an application form still needs to be filled out.
To access the online service please click here


Legal basis is the Trademark Act of 2011 (SFS 2010:1877).
Sweden is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, devices, the three-dimensional form of a good or its packaging, colours or colour combinations, sounds and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is filed at the Swedish Patent & Trademarks Office, PRV.
Multiple-class applications are possible.
Foreign applicants do not need a local agent if the applicant is from the EU.
All correspondence must be sent in Swedish.
The owner of a trademark registration who is neither resident nor running a business in Sweden, must notify PRV of a service agent resident in Sweden.
PRV does not require a power of attorney with a new application. If a power of attorney is submitted with the application, it has to be the original.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks, company names and family names.
The processing time from first filing to registration or first office action is approx. 3 to 6 months.
After registration, the trademark is published in the “Svensk Varumärkestidning”.
National:
The opposition period is 3 months from the publication of the trademark registration.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months after the original renewal due date.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

Further practical details are available in our publication on this topic here
The official fee for registering a trademark is SEK 2,300 in paper form or SEK 1,800 for e-filing in one class.
The official fee for each additional class is now SEK 900 for e-filing. The fee for each additional class stays the same in paper form with SEK 900.
Please note that it is not always possible to file via e-filing. It depends on if the goods/services already have been accepted by the Swedish PTO (the class headings are of course accepted).
There is no fee for publication or registration of a trademark.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 40,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
12-23-2016
Groth & Co KB, Stockholm, Sweden  

10-06-2015
Awapatent, Malmö, Sweden

09-03-2014
Awapatent, Malmö, Sweden
Groth & Co KB, Stockholm, Sweden  

02-12-2013
Groth & Co KB, Stockholm, Sweden  

05-22-2012
Groth & Co KB, Stockholm, Sweden  

10-03-2011
Groth & Co KB, Stockholm, Sweden  

10-15-2010
Groth & Co KB, Stockholm, Sweden  



Groth & Co KB





Birger Jarlsgatan 57B
SE-102 32, Box 6107 Stockholm
Sweden (SE)
Tel + 46 8-729 91 00
Fax + 46 8-31 67 67
info@groth.eu
www.groth.se

Groth & Co is one of the leading IP & Law firms in Scandinavia. We assist our clients from initial concept to commercial reality. Having extensive knowledge within trademarks, design, patents, domain names, copyright and name creation we serve as your strategic IP partner.
Our international network reaches across the globe and we have offices in Alicante, Munich and Beijing. Our head office in Sweden is situated in the centre of Stockholm and our largest local office in Malmö, close to Copenhagen.

Swedish Patent and Registration Office, Trademarks Department (PRV) (PRV)
Kungsgatan 8
826 27 Söderhamn
Sweden
Tel +46 87 82 25 00
Fax +46 86 66 02 86
Mail kundsupport@prv.se
www.prv.se
Box 530

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int